Article 43

Without prejudice to Article 40, where a Member State makes one of the following findings, it shall require the relevant economic operator to put an end to the non-compliance concerned: the CE marking has been affixed in violation of Article 30 of Regulation (EC) No 765/2008 or of Article 21 of this Regulation; the CE marking has not been affixed; the identification number of the notified body involved in the production control phase has been affixed in violation of Article 21 or has not been affixed; the EU declaration of conformity does not accompany the subsystem or safety component; the EU declaration of conformity has not been drawn up; the EU declaration of conformity has not been drawn up correctly; the technical documentation is either not available or not complete; the information referred to in Article 11(6) or Article 13(3) is absent, false or incomplete; any other administrative requirement provided for in Article 11 or Article 13 is not fulfilled. Where the non-compliance referred to in paragraph 1 persists, the Member State concerned shall take all appropriate measures to restrict or prohibit the subsystem or safety component being made available on the market, or ensure that it is recalled or withdrawn from the market.

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Source: EUR-Lex (Cellar) · retrieved 2026-11-05 · Text as adopted (Official Journal); later amendments are not incorporated in this text.